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Journal articles on the topic 'Information privacy law'
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1
Moreham, N. A. "BEYOND INFORMATION: PHYSICAL PRIVACY IN ENGLISH LAW." Cambridge Law Journal 73, no. 2 (July 2014): 350–77. http://dx.doi.org/10.1017/s0008197314000427.
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AbstractAlthough English privacy law has developed significantly over the past two decades, it continues to focus almost exclusively on the disclosure of private or confidential information. This article argues that if privacy is to be comprehensively protected, then the importance of physical privacy – which is breached when a person is looked at, listened to or recorded against his or her wishes – must also be recognised. After discussing what physical privacy is and why existing protections for it are inadequate, the author contends that a physical privacy action can, and should, be developed from within English common law.
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O’Callaghan, Patrick. "False Privacy and Information Games." Journal of European Tort Law 4, no. 3 (November 1, 2013): 282–305. http://dx.doi.org/10.1515/jetl-2013-0019.
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AbstractThis paper is a critique of false privacy, the proposition that privacy’s protective remit should extend to information that is entirely false. It argues that there are conceptual as well as doctrinal problems associated with such an action in tort law. First, drawing on the work of the American sociologist, Erving Goffman, the paper challenges the idea that the authentic self can be recognised in law. Second, the paper argues that false privacy sits uneasily with tort law’s doctrinal framework. While the paper focuses on English tort law, it pursues its lines of argument in a comparative context, exploring how German and US law give expression to false privacy.
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Litman, Jessica. "Information Privacy/Information Property." Stanford Law Review 52, no. 5 (May 2000): 1283. http://dx.doi.org/10.2307/1229515.
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Rowlingson, R. R. "Marrying privacy law to information security." Computer Fraud & Security 2006, no. 8 (August 2006): 4–6. http://dx.doi.org/10.1016/s1361-3723(06)70408-0.
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Ciocchetti, Corey A. "E-Commerce and Information Privacy: Privacy Policies as Personal Information Protectors." American Business Law Journal 44, no. 1 (March 2007): 55–126. http://dx.doi.org/10.1111/j.1744-1714.2007.00031.x.
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Blume, Peter. "Danish Data Protection with Respect to Law Libraries." International Journal of Legal Information 31, no. 3 (2003): 452–61. http://dx.doi.org/10.1017/s0731126500003735.
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Data protection and information privacy are essential parts of lex informatica. The purpose of legal rules is to sustain a modern development and adjustment of the fundamental right to privacy, taking the realities of the information society into consideration. The aim is to protect the individual against misuse of personal information that may violate the private sphere and simultaneously to protect against surveillance with the purpose of governing behavior. Privacy protection is furthermore important, since personal information, which always has had economic value to a much larger degree, has become a commodity today. There are many reasons sustaining data protection, and legal regulation is very broad covering all parts of society. Merely a fragment of this issue is being considered in the following.
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Moore, Adam D. "Privacy, Speech, and the Law." Journal of Information Ethics 22, no. 1 (April 1, 2013): 21–43. http://dx.doi.org/10.3172/jie.22.1.21.
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Zhu, Wei. "Personal Information Security Environment Monitoring and Law Protection Using Big Data Analysis." Journal of Environmental and Public Health 2022 (October 7, 2022): 1–12. http://dx.doi.org/10.1155/2022/1558161.
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This article explores the causes of the issues with personal data privacy and outlines the limitations of China’s current legal framework. This article makes the argument that, in the information age, self-discipline and legal protection should be combined in order to safeguard personal information safety. It also makes specific recommendations for strengthening legal protection. This research also develops a data processing platform for data safety and privacy protection while studying the technology of data safety environment monitoring and privacy protection. This work develops optimization methodologies, such as dynamic privacy budget allocation, to increase the model’s speed of convergence and the calibre of the generated data. It adjusts to various privacy and timeliness needs under the assumption that the objective of selective matching of private safety will be satisfied. According to the experimental findings, this algorithm’s accuracy can reach 96.27%. This method enhances the model’s speed of convergence and the calibre of the data created, and it addresses the flaw that the present data fusion publishing procedure cannot withstand the attack of background information. The study’s findings can serve as a starting point for future work on data security and the protection of personal information.
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Hartshorne, John. "The need for an intrusion upon seclusion privacy tort within English law." Common Law World Review 46, no. 4 (November 23, 2017): 287–305. http://dx.doi.org/10.1177/1473779517739798.
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In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.
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Solove, Daniel J. "Privacy and Power: Computer Databases and Metaphors for Information Privacy." Stanford Law Review 53, no. 6 (July 2001): 1393. http://dx.doi.org/10.2307/1229546.
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Dolan, Bridget. "Medical records: Disclosing confidential clinical information." Psychiatric Bulletin 28, no. 2 (February 2004): 53–56. http://dx.doi.org/10.1192/pb.28.2.53.
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Although our courts remain reluctant to create any general right to privacy, whether under common law or even by virtue of statutes such as the Human Rights Act 1998, one important aspect of privacy is recognised in common law – that of the confidentiality of medical information.
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Jane E., Kirtley. "Information law: Freedom of information, privacy, open meetings, other access laws." Government Information Quarterly 7, no. 3 (January 1990): 373–74. http://dx.doi.org/10.1016/0740-624x(90)90037-o.
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Frankel, Susy. "The Copyright and Privacy Nexus." Victoria University of Wellington Law Review 36, no. 3 (October 1, 2005): 507. http://dx.doi.org/10.26686/vuwlr.v36i3.5607.
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The New Zealand development of a tort limited to wrongful publication of private fact (and in the United Kingdom by extension of breach of confidence) has not been accompanied by a consideration of the relationship that such a cause of action might have with intellectual property, particularly copyright. The emerging tort is potentially a strong right in information. The appropriate parameters of protection of information are core to many aspects of copyright law. This article questions whether the sidelining of copyright law in the privacy debate is appropriate. In general there is an overlap between intellectual property, particularly copyright and privacy in relation to information. Specifically an overlap arises because there is a section in the Copyright Act 1994 that provides a privacy right in relation to films and photographs. This article examines that provision and concludes that in its current form it is inconsistent with the emerging tort of privacy in wrongful disclosure of private information.
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Mo, Jojo YC. "In search of a privacy action against breaches of physical privacy in Hong Kong." Common Law World Review 47, no. 4 (October 22, 2018): 225–47. http://dx.doi.org/10.1177/1473779518802571.
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The focus of privacy laws in Hong Kong has always been on the use and dissemination of personal or confidential information, but a person’s privacy can also be intruded by unwanted watching or listening irrespective of whether information is collected or used. Despite an attempt to introduce two privacy torts by the Law Reform Commission of Hong Kong in 2004, there is no timetable as to when these two statutory torts be introduced. Recognition has been afforded for intrusions upon seclusion or solitude in a number of jurisdictions including New Zealand and the Canadian province of Ontario. In England, an intrusion tort has not been separately recognized, but the decision in Gulati v MGN confirmed that damages may still be awarded for an action for misuse of private information in instances where there is no disclosure or publication of the wrongfully acquired information. This article looks at the possibility of developing a common law action of privacy in Hong Kong which affords protection regardless of whether private information is acquired or published by drawing insights to the developments in New Zealand and England.
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Katzav, Gilad. "Compartmentalised data protection in South Africa: The right to privacy in the Protection of Personal Information Act." South African Law Journal 139, no. 2 (2022): 432–70. http://dx.doi.org/10.47348/salj/v139/i2a8.
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In European Union (‘EU’) law, the entrenched right to data protection is an independent fundamental right. EU case law has gradually disconnected the right to data protection from the right to a private life. South Africa’s first exclusive data protection legislation, the Protection of Personal Information Act 4 of 2013 (‘POPIA’), is redolent of EU data protection legislation. However, the stated purpose of the POPIA is to give effect to the right to privacy. This article examines whether the laws of data protection can be wholly encapsulated within s 14 of the Constitution. To this end, this article considers two main conceptions of privacy in our law. The first is Neethling’s informational privacy and the reasonable expectation of privacy. The second is Rautenbach’s theory of informational control over personal matters in relation to other rights. On either approach, I argue that the substantive provisions of the POPIA are irreducible to privacy protection alone. Ultimately, framing the POPIA exclusively within the domain of privacy will either (i) unduly restrict legislative interpretation; or (ii) the true meaning of privacy will be diluted, leading to legal uncertainty. To avoid this, I suggest distinguishing between the value of privacy in the POPIA and the actual loss of privacy.
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Caloyannides, M. "Privacy vs. information technology." IEEE Security & Privacy 1, no. 1 (January 2003): 100–103. http://dx.doi.org/10.1109/msecp.2003.1177005.
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Nissenbaum, Helen. "Protecting Privacy in an Information Age: The Problem of Privacy in Public." Law and Philosophy 17, no. 5/6 (November 1998): 559. http://dx.doi.org/10.2307/3505189.
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Wang, Zhanjiang, and Qifeng Yue. "Privacy Law Protection Based on the Information Security Assurance Algorithm." Computational Intelligence and Neuroscience 2022 (September 9, 2022): 1–11. http://dx.doi.org/10.1155/2022/8006605.
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With the continuous development of network technology, the production and lifestyle of human beings are also quietly changing. People find that the network makes life faster and more convenient and also makes our life more “transparent.” The openness, sharing, and convenience of the network make it easier to infringe on the privacy rights of others, bringing an unprecedented impact on traditional privacy protection. This paper studied information security assurance-related algorithms and built an information security assurance model. Through this model, some privacy violation events existing in the network today were analyzed. Then, a corresponding questionnaire was constructed according to some of the problems of these events. The questionnaire is mainly used for research on people of all age groups, mainly to study their understanding of relevant legal knowledge and their views on the law. A total of 188 valid questionnaires were collected in this survey. Only 37.23% people knew a lot about the law. Most of them learned it from the Internet, and they rarely learned about it from relevant books. About 70% people believe that the law plays a big role in privacy protection, and they will choose legal help if they encounter privacy violations. However, this is inconsistent with some data obtained from the information security assurance model. Through analysis, it can be seen that although they want legal help, they lack the relevant knowledge of the law, and they do not know whether the privacy of individuals has been violated. Therefore, it is necessary to strengthen personal knowledge of privacy protection laws and improve the personal information legal protection and fair use system.
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Beall, Christopher P. "The Exaltation of Privacy Doctrines over Public Information Law." Duke Law Journal 45, no. 6 (April 1996): 1249. http://dx.doi.org/10.2307/1372887.
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Collins, Roy. "Information Technology and the Law." HortScience 31, no. 4 (August 1996): 697e—697. http://dx.doi.org/10.21273/hortsci.31.4.697e.
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This paper explores fundamental doctrines of law which increasingly constitute the rules of commerce in deploying the National Information Infrastructure (NII). Particular attention is given to efforts made within the U.S. government to ensure that an appropriate regime of intellectual property law is in place in promoting U.S. leadership in the information-based marketplace. The direct relationship between U.S. copyright law and the networked dissemination of software, audio, graphical and textual works is consequently explored. Also described is the effect of developments in information technology upon the frequently opposing interests of freedom of speech, right to privacy, and governmental regulation.
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Ott, Racheal. "Privacy Enhancing Technologies: Protecting Information Online." Computer Fraud & Security 2000, no. 1 (January 2000): 11–12. http://dx.doi.org/10.1016/s1361-3723(00)01018-6.
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Tigerstrom, Barbara Von. "Current developments in Canadian privacy and information law: Implications for telehealth." Journal of Telemedicine and Telecare 6, no. 2_suppl (August 2000): 83–85. http://dx.doi.org/10.1258/1357633001935716.
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An appropriate legal regime protecting privacy of personal information is an important element in assuring public confidence in telehealth initiatives while at the same time avoiding undue restrictions or difficulties for those implementing these technologies. In Canada there are several sources of legal protection of personal information but there is increasing emphasis on legislation. A bill recently passed by the Canadian House of Commons is expected have a significant impact on the way personal information, including health information, is handled in the private sector.
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Loughrey, Joan. "Medical information, confidentiality and a child’s right to privacy." Legal Studies 23, no. 3 (September 2003): 510–35. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00224.x.
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Following the Gillick case in 1986, it was recognised that mature minors were owed a duty of confidentiality in respect of their medical information. Subsequent cases confirmed that the duty was also owed to non-competent children, including infants, but without explaining the basis for finding the existence of such a duty and its scope. It is particularly unclear when and upon what legal basis a doctor could disclose information to parents when their child wished to keep it confidential. This paper will examine the law of confidentiality as it applies to children, identifying issues which are problematic. Developments in the law of personal confidences which have taken place as a result of the Human Rights Act 1998, and the recognition of Article 8 rights as part of the law, will be reviewed and analysed from the perspective of the duty of confidence owed to children in respect of their medical information. Finally, the paper will offer an explanation of a basis for disclosure to parents which minimises violations of a minor's autonomy.
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Underwood, Julie. "Under The Law." Phi Delta Kappan 98, no. 8 (May 2017): 74–75. http://dx.doi.org/10.1177/0031721717708303.
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FERPA — the Family Education Rights and Privacy Act — protects student privacy by laying out when and how education records that are maintained by the school can be used within and outside of the school district and when student records can be released. FERPA’s goal is to prevent unauthorized disclosure of students’ personally identifiable information. School employees (and school attorneys) handle student records and data according to FERPA every day. But the law was enacted in 1974, before digital recordkeeping, big data, texts, email, the internet, and easy digital transmission of information, which means that much about FERPA is now outdated.
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Bamberger, Kenneth A., and Ariel Evan Mayse. "PRE-MODERN INSIGHTS FOR POST-MODERN PRIVACY: JEWISH LAW LESSONS FOR THE BIG DATA AGE." Journal of Law and Religion 36, no. 3 (December 2021): 495–532. http://dx.doi.org/10.1017/jlr.2021.90.
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AbstractThis article makes the counterintuitive argument that the millennia-old approach of Jewish law to regulating surveillance, protecting communications, and governing collection and use of information offers important frameworks for protecting privacy in an age of big data and pervasive surveillance. The modern approach to privacy has not succeeded. Notions of individual “rights to be let alone” and “informational self-determination” offer little defense against rampant data collection and aggregation. The substantive promise of a “fundamental human right” of privacy has largely been reduced to illusory procedural safeguards of “notice” and “consent”—manipulable protections by which individuals “agree” to privacy terms with little understanding of the bargain and little power to opt out. Judaism, on the other hand, views privacy as a societal obligation and employs categorical behavioral and architectural mandates that bind all of society's members. It limits waiver of these rules and rejects both technological capacity and the related notion of “expectations” as determinants of privacy's content. It assumes the absence of anonymity and does not depend on the confidentiality of information or behavior, whether knowledge is later used or shared, or whether the privacy subject can show concrete personal harm. When certain types of sensitive information are publicly known or cannot help but be visible, Jewish law still provides rules against their use. Jewish law offers a language that can guide policy debates. It suggests a move from individual control over information as the mechanism for shaping privacy's meaning and enforcement, to a regime of substantive obligations—personal and organizational—to protect privacy. It recognizes the interconnected nature of human interests and comprehends the totality of the harm that pervasive surveillance wreaks on individuals and social relations. It offers a conceptual basis for extending traditional privacy protections to online spaces and new data uses. And it provides a language of dignity that recognizes unequal bargaining power, rejects the aggregation and use of information to create confining personal narratives and judgments, and demands equal protection for all humans.
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Goreham, Richard A. "Le droit à la vie privée des personnes homosexuelles." Homosexualité et droit 25, no. 4 (April 12, 2005): 843–72. http://dx.doi.org/10.7202/042629ar.
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This paper examines the idea of personal privacy and how the law has responded to expectations that it be adequately protected. The legal protection of personal privacy is evaluated in light of the concerns of homosexual persons that information about their sexual orientation remain confidential. Although individual privacy is a notion that can be used to argue for a sphere of individual freedom, in the sense that adult individuals should be free of government restriction on how they express themselves sexually in private, this paper focuses on privacy insofar as it relates to the undesired disclosure of information about a person's private life. This is privacy as secrecy, a concept which is concerned with the degree to which we are prepared to allow people to live their lives free from the intrusive prying of others. Whether the idea of breach of privacy as giving rise to civil responsibility has evolved under tort law is reviewed in the common law of both Canada and the United States. The inadequacy of the common law in protecting a general right to privacy has led to the adoption of a number of provincial statutes which create an invasion of privacy tort, and the importance of these in potentially protecting the privacy of homosexual persons is examined. The recognition of a general right to privacy under the Quebec Civil Code and its reinforcement by provisions in the Quebec Charter of Rights and Freedoms completes the analysis of civil remedies for breach of privacy in Canada. For comparative purposes, the development of the « private facts tort » in the American legal system is explored and commented. Informational privacy as it relates to the collection, storage and use of personal information by governments constitutes the focus of part 3 of this paper. It assesses the dangers inherent in the use and storage of personal information by governments in both Canada and the U.S.A. The recognition of the potential for abuse has resulted in the adoption of Privacy Acts in both countries at the federal level and, with respect to Canada, in the province of Quebec. Such legislation seeks to answer the twin preoccupations of when government institutions are justified in collecting and using personal information and when they are justified in disclosing it. These questions are of considerable importance to homosexual persons and this is emphasized in the analysis. Views on the relationship between privacy and social tolerance are offered in the conclusion to the paper.
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van Harten, Dirk, and Rinie van Est. "Privacy in an Information Society." Journal of Contingencies and Crisis Management 11, no. 1 (March 2003): 1. http://dx.doi.org/10.1111/1468-5973.1101001.
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Bomba, David, and George Hallit. "Will the new Australian Health Privacy Law provide adequate protection?" Australian Health Review 25, no. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.
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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.
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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.
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Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.
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Parks, Andrew. "Unfair Collection: Reclaiming Control of Publicly Available Personal Information from Data Scrapers." Michigan Law Review, no. 120.5 (2022): 913. http://dx.doi.org/10.36644/mlr.120.5.unfair.
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Rising enthusiasm for consumer data protection in the United States has resulted in several states advancing legislation to protect the privacy of their residents’ personal information. But even the newly enacted California Privacy Rights Act (CPRA)—the most comprehensive data privacy law in the country— leaves a wide-open gap for internet data scrapers to extract, share, and monetize consumers’ personal information while circumventing regulation. Allowing scrapers to evade privacy regulations comes with potentially disastrous consequences for individuals and society at large. This Note argues that even publicly available personal information should be protected from bulk collection and misappropriation by data scrapers. California should reform its privacy legislation to align with the European Union’s General Data Privacy Regulation (GDPR), which requires data scrapers to provide notice to data subjects upon the collection of their personal information regardless of its public availability. This reform could lay the groundwork for future legislation at the federal level.
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Baker, C. Edwin. "AUTONOMY AND INFORMATIONAL PRIVACY, OR GOSSIP: THE CENTRAL MEANING OF THE FIRST AMENDMENT." Social Philosophy and Policy 21, no. 2 (June 4, 2004): 215–68. http://dx.doi.org/10.1017/s0265052504212092.
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My thesis is simple. The right of informational privacy, the great modern achievement often attributed to the classic Samuel Warren and Louis Brandeis article, “The Right to Privacy” (1890), asserts an individual's right not to have private personal information circulated. Warren and Brandeis claimed that individual dignity in a modern society requires that people be able to keep their private lives to themselves and proposed that the common law should be understood to protect this dignity by making dissemination of private information a tort. As broadly stated, this right not to have private information distributed directly conflicts with a broadly conceived freedom of speech and of the press. My claim is that, in cases of conflict, the law should reject the Warren and Brandeis innovation. Speech and press freedom should prevail; the privacy tort should be ignored. This conclusion requires a normative argument concerning the appropriate basis and status of speech freedom that this essay will not really provide but for which I have argued elsewhere. Here, instead, I will describe that theory of speech freedom, explore its implications for informational privacy, and finally suggest some reasons to think that rejection of the privacy tort should not be so troubling and is, in fact, pragmatically desirable.
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Mustapha, Ismail Adua. "MACHINE-READABLE TRAVEL DOCUMENTS IN AVIATION SECURITY AND INFORMATION PRIVACY: AN ISLAMIC LAW PERSPECTIVE." IIUM Law Journal 28, no. 1 (June 30, 2020): 139–64. http://dx.doi.org/10.31436/iiumlj.v28i1.502.
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For the purpose of preventing civil aviation offences and maintaining security of civil aviation, passengers are required to give biometric information which must be stored in the International Civil Aviation Organization’s (ICAO) approved Machine Readable Travel Documents (MTRDs) and that such information obtained should be adequately secured against skimming and eavesdropping. Since its inception, many countries including the Islamic countries have adopted the machine to process information of passengers coming in and going out of their states. Academic writers have written on the challenges of skimming and eavesdropping as they are related to information privacy versus aviation security in the conventional law but the Islamic law position has not been dealt with. The article therefore attempts to explore the Islamic law position on the use of Machine Readable Travel Documents (MRTDs) and the challenges being posed to aviation security. The paper is qualitative in nature and relies on primary and secondary sources of Islamic law to argue its position. The paper finds that Islamic law expressly preserves individual’s information privacy and that skimming and eavesdropping are allowed to promote public security and prevention of evil. Its further provides punishment for whoever transgresses against information privacy. It concludes that the adoption of MRTDs to obtain information about private affairs of passengers is in line with the principle of Islamic law.
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Ásványi, Zsófia. "Technology vs privacy at work." Management 27, no. 2 (December 22, 2022): 261–82. http://dx.doi.org/10.30924/mjcmi.27.2.14.
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Employees' right to privacy and employers' extensive need for work-related information collide. The imbalance of authority between employers and employees and the doctrine of managerial prerogative determines the outcome of these competing interests, and therefore the right to privacy requires statutory protection. The study aims to examine the legislative (hard law) and law enforcement (soft law) achievements of European and Hungarian initiatives on organizational labor control mechanisms and to understand their possible limitations concerning the doctrine of managerial prerogative. The research method was a thematic document and literature review of appropriate legislation and case law records from the European Court of Human Rights, the Hungarian Supreme Court, and the Hungarian National Authority for Data Protection and Freedom of Information. The research results confirmed our hypothesis: current legal instruments seem to limit the control mechanisms of organizations, both in terms of content and process. However, rapid technological innovations make employee privacy a moving target, where the law provides only temporary and limited protection.
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Shchukina, Tatiana. "Canada's Digital Charter becomes law." Russia and America in the 21st Century, no. 6 (2022): 0. http://dx.doi.org/10.18254/s207054760023515-3.
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Canadians increasingly rely on digital technology to connect with each other, to work and innovate. That’s why the Government of Canada is committed to making sure Canadians can benefit from the latest technologies, knowing that their privacy is safe and secure, and that companies are acting responsibly. In June 2022, the government proposed the Digital Charter Implementation Act, 2022, which will significantly strengthen Canada’s private sector privacy law, create new rules for the responsible development and use of artificial intelligence (AI), and continue advancing the implementation of Canada’s Digital Charter. Canada's Digital Charter sets out principles to ensure that privacy is protected, data-driven innovation is human-centred, and Canadian organizations can lead the world in innovations that fully embrace the benefits of the digital economy. Canadians must be able to trust that their personal information is protected, that their data will not be misused, and that organizations operating in this space communicate in a simple and straightforward manner with their users. This trust is the foundation on which Canadian digital and data-driven economy will be built. This legislation takes a number of important steps to ensure that Canadians have confidence that their privacy is respected and that AI is used responsibly, while unlocking innovation that promotes a strong economy. The Digital Charter Implementation Act, 2022 will include three proposed acts: the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act.
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Ali, S. Nageeb, and Roland Bénabou. "Image versus Information: Changing Societal Norms and Optimal Privacy." American Economic Journal: Microeconomics 12, no. 3 (August 1, 2020): 116–64. http://dx.doi.org/10.1257/mic.20180052.
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We analyze the costs and benefits of using social image to foster desirable behaviors. Each agent acts based on his intrinsic motivation, private assessment of the public good, and reputational concern for appearing prosocial. A Principal sets the general degree of privacy, observes the social outcome, and implements a policy: investment, subsidy, law, etc. Individual visibility reduces free riding but makes aggregate behavior (“descriptive norm”) less informative about societal preferences (“prescriptive norm”). We derive the level of privacy (and material incentives) that optimally trades off social enforcement and learning, and we characterize its variations with the economy’s stochastic and informational structure. (JEL D82, D83, D91, Z13)
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Soone, Ants. "Exchange of Tax Information and Privacy in Estonia." Intertax 44, Issue 3 (March 1, 2016): 279–83. http://dx.doi.org/10.54648/taxi2016019.
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Schwab, Abraham P., Hung S. Luu, Jason Wang, and Jason Y. Park. "Genomic Privacy." Clinical Chemistry 64, no. 12 (December 1, 2018): 1696–703. http://dx.doi.org/10.1373/clinchem.2018.289512.
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Abstract BACKGROUND Genetic information is unique among all laboratory data because it not only informs the current health of the specific person tested but may also be predictive of the future health of the individual and, to varying degrees, all biological relatives. CONTENT As DNA sequencing has become ubiquitous with decreasing cost, large repositories of genomic data have emerged from the domains of research, healthcare, law enforcement, international security, and recreational consumer interest (i.e., genealogy). Broadly shared genomic data are believed to be a key element for future discoveries in human disease. For example, the National Cancer Institute's Genomic Data Commons is designed to promote cancer research discoveries by providing free access to the genome data sets of 12000 cancer patients. However, in parallel with the promise of curing diseases, genomic data also have the potential for harm. Genomic data that are deidentified by standard healthcare practices (e.g., removal of name, date of birth) can be reidentified by methods that combine genomic software with publicly available demographic databases (e.g., phone book). Recent law enforcement cases (i.e., Bear Brook Murders, Golden State Killer) in the US have demonstrated the power of combining DNA profiles with genealogy databases. SUMMARY We examine the current environment of genomic privacy and confidentiality in the US and describe current and future risks to genomic privacy. Reidentification and inference of genetic information of biological relatives will become more important as larger databases of clinical, criminal, and recreational genomic information are developed over the next decade.
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Burdon, Mark, and Brydon Wang. "Implementing COVIDSafe: The Role of Trustworthiness and Information Privacy Law." Law, Technology and Humans 3, no. 1 (May 4, 2021): 35–50. http://dx.doi.org/10.5204/lthj.1808.
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Governments worldwide view contact tracing as a key tool to mitigate COVID-19 community transmission. Contact tracing investigations are time consuming and labour intensive. Mobile phone location tracking has been a new data-driven option to potentially obviate investigative inefficiencies. However, using mobile phone apps for contact tracing purposes gives rise to complex privacy issues. Governmental presentation and implementation of contact tracing apps, therefore, requires careful and sensitive delivery of a coherent policy position to establish citizen trust, which is an essential component of uptake and use. This article critically examines the Australian Government’s initial implementation of the COVIDSafe app. We outline a series of implementation misalignments that juxtapose an underpinning regulatory rationality predicated on the implementation of information privacy law protections with rhetorical campaigns to reinforce different justifications for the app’s use. We then examine these implementation misalignments from Mayer and colleagues’ lens of trustworthiness (1995) and its three core domains: ability, integrity and benevolence. The three domains are used to examine how the Australian Government’s implementation strategy provided a confused understanding of processes that enhance trustworthiness in the adoption of new technologies. In conclusion, we provide a better understanding about securing trustworthiness in new technologies through the establishment of a value consensus that requires alignment of regulatory rationales and rhetorical campaigning.
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Wilson, Steve. "The collision between Big Data and privacy law." Journal of Telecommunications and the Digital Economy 2, no. 3 (May 26, 2020): 15. http://dx.doi.org/10.18080/jtde.v2n3.283.
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We live in an age where billionaires are self-made on the back of the most intangible of assets ─ the information they have about us. The digital economy is awash with data. It's a new and endlessly re-useable raw material, increasingly left behind by ordinary people going about their lives online. Many information businesses proceed on the basis that raw data is up for grabs; if an entrepreneur is clever enough to find a new vein of it, they can feel entitled to tap it in any way they like. However, some tacit assumptions underpinning today's digital business models are naive. Conventional data protection laws, older than the Internet, limit how Personal Information is allowed to flow. These laws turn out to be surprisingly powerful in the face of 'Big Data' and the 'Internet of Things'. On the other hand, orthodox privacy management was not framed for new Personal Information being synthesised tomorrow from raw data collected today. This paper seeks to bridge a conceptual gap between data analytics and privacy, and sets out extended Privacy Principles to better deal with Big Data.
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Magalhaes, MarcusAbreu de. "Data protection regulation: a comparative law approach." International Journal of Digital Law 2, no. 2 (August 15, 2021): 33–53. http://dx.doi.org/10.47975/ijdl.magalhaes.v.2.n.2.
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This paper aims to present a comparative approach to data protection regulations around the world. Most countries possess data protection laws in some level of detail. In order to compare structures of data control and compliance in dissimilar systems, the study selected four distinct arrangements : the European General Data Protection Regulation (GDPR); the California Consumer Privacy Act (CCPA); the Brazilian Digital Privacy Law, Lei Geral de Proteção de Dados Pessoais (LGPD); and the Chinese Data Privacy Framework, which is molded by a set of different regulations. The analysis was based in common key points of those regulations – territorial scope, consent and disclosure, data security requirements, data transfer, Data Protection Officer, awareness and training, and penalties – to explore the different policies and national goals. The paper argues that, in the landscape of the information based society, new law is needed to protect citizens’ rights to privacy and to bound harvesting and mining of personal information to ensure transparency, control, and compliance of the information economy.
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Belhadjali, Moncef, Sami Abbasi, and Gary Whaley. "Personal Information Privacy: Some Findings on Gender Difference." Archives of Business Research 9, no. 7 (July 29, 2021): 95–99. http://dx.doi.org/10.14738/abr.97.10549.
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The implementation of effective cybersecurity by organizations is a prerequisite to privacy protection for personal information collected, used, stored, and shared online. The trend for the potential of online privacy breaches has been moving upward with our daily reliance on the Internet and cloud computing. While online, individuals may choose to use a credit card to complete a transaction, access email, access social media sites, and store pictures through a cloud storage. In some cases, law enforcement agencies may access and use personal information stored online. Do individuals approve of the usage of their personal information by these agencies to solve crimes? Do demographic characteristics such a gender, education, and age provide a reliable set of predictors for the probability of approval? Do females and males differ with respect to the decision to approve information usage to solve crimes? This study reports on the analysis of data from a 2019 Pew Research Center survey of 1,365 individuals in the USA. Most respondents (63%) approve of personal information usage by law enforcement agencies to solve crimes. The purpose of this study is to determine the trend in the citizens’ approval for personal information usage by law enforcement agencies, especially distinguishing the genders. The results of a regression analysis showed that the demographic variables -gender, education, and age- provide a statistically significant power to predict the probability for information usage approval. A t-Test revealed that there is a statistically significant difference between genders. Females are more likely to offer the approval.
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Maveal, Gary M. "Access to Information Held by the State and Privacy." American Journal of Comparative Law 38 (1990): 491. http://dx.doi.org/10.2307/840555.
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Wang, Faye Fangfei. "Culture and trust in privacy information protection." International Review of Law, Computers & Technology 24, no. 2 (July 2010): 143–44. http://dx.doi.org/10.1080/13600861003748193.
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Magrath, Paul. "Judgments as Public Information." Legal Information Management 15, no. 3 (September 2015): 189–95. http://dx.doi.org/10.1017/s1472669615000468.
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AbstractThis article is written by Paul Magrath who is the Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). His article explores the issues surrounding the custodianship of those public legal documents, such as court judgments, which form primary sources of law but which may also contain private data, and looks at the way custodians of such data can also act as gatekeepers, enhancing or inhibiting access by the public as well as more specialised users. It expands upon an article published by Infolaw.co.uk entitled “Custodians and gatekeepers: maintaining access to public legal information”, and refers to recent case law involving the tension between information in the public domain and the individual's privacy and “right to be forgotten” by search engines. The article also looks at how court documents are made accessible in other jurisdictions and imagines how things might be improved in our own courts, before concluding that the model of a not-for-profit organisation, such as the ICLR or BAILII (the British and Irish Legal Information Institute), may work as well if not better than public or private management of judgments and other legal public information.
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Baker, Christina, Cynthia A. Galemore, and Kerri McGowan Lowrey. "Information Sharing in the School Setting During a Public Health Emergency." NASN School Nurse 35, no. 4 (May 15, 2020): 198–202. http://dx.doi.org/10.1177/1942602x20925031.
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The Family Educational Rights and Privacy Act of 1974 is the federal law that protects the privacy of personally identifiable information from student education records and applies to all education entities that receive funding under any program administered by the U.S. Department of Education. The Health Insurance Portability and Accountability Act of 1996 is the federal law that establishes privacy requirements for patients’ protected health information. Together these privacy laws establish rules that guide school nurses in the sharing of student information, even in times of public health emergencies. The U.S. Department of Education and the U.S. Department of Health and Human Services have issued special updates to privacy laws in response to the Novel Coronavirus Disease providing certain waivers of typical privacy requirements and direction to allow the sharing of information during this public health emergency. The purpose of this article is to briefly review the privacy laws as they relate to schools, as well as to provide an overview of the recent waivers to assist school nurses, school administrators, healthcare professionals, and public health agencies in protecting the health and safety of students during this current public health emergency.
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Smith, Lee Ann. "Privacy Pilfering at the Library." North Carolina Libraries 63, no. 1 (May 15, 2008): 25–28. http://dx.doi.org/10.3776/ncl.v63i1.64.
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The library has the right, as well as the ethical obligation, not to divulge information about a patron or reading habits, or the Internet sites visited while using the library computer, to anyone else. Even so, warrants or subpoenas can mean that the library will be legally obliged to disclose such information. Yet, revealing patron information, even ifit is required by law, can cause patron confidentiality in the library to falter.
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Bygrave, Lee A. "Review: The Law of Privacy and the Media." International Journal of Law and Information Technology 13, no. 2 (2005): 286–89. http://dx.doi.org/10.1093/ijlit/eai012.
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Serohin, Vitalii. "INFORMATION PRIVACY: A CONCEPTUAL APPROACH." Constitutional and legal academic studies, no. 2 (July 16, 2021): 52–60. http://dx.doi.org/10.24144/2663-5399.2020.2.06.
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The paper attempts to expose the basic concepts of informational privacy reflected in Western jurisprudence, as well as to outline the author's vision of the content and scope of informational privacy, to distinguish the relevant powers from which this right consists, to reveal its place and role from the standpoint of system-structural approach.
It is noted that in the modern scientific literature, dedicated to ensuring the privacy and respect for his / her privacy, clearly distinguishes two main approaches to understanding the informational advantage - broad and narrow. Proponents of the narrow approach consider the primes solely in the informational aspect, and other constituents (physical, visual, phonetic privacy, etc.) tend to relate to the content of other fundamental rights. However, one group of authors interprets information privacy as the right of the person to control their personal data, while the second group considers it more rational and efficient to consider information pricing as the right of ownership of personal data. Attempting to unite both camps of supporters of a narrow interpretation of the information front is the Restricted Access / Limited Control (RALC) theory.
Proponents of the broad-based approach view information primacy as important, but only one of the many substantive elements of constitutional law in favor. At the same time, the authors' exit beyond the information sphere when considering the content of the precedence can be considered progressive and more consistent with the essence of this right and its purpose in ensuring personal freedom and autonomy.
In view of the author, revealing the content of the right to privacy, it should be borne in mind that the object of this right includes several areas (aspects), in each of which a person may be in different states of privacy, and the privacy itself has certain measurements. On this basis, information is regarded by the author as an element of the constitutional right of privacy, distinguished by the aspects of privacy and the form (method) of its objectification.
Unlike other aspects of privacy, the informational aspect is detached from the physical body of the individual and exists independently, and relevant information continues to exist even after the death of the individual. Therefore, even the death of a person does not make sense of the information associated with that person, and sometimes even enhances its value and significance. It is noted that unlike other aspects of the case, information privacy has no states (such as loneliness, intimacy, anonymity, etc.); it merely provides information protection for such states and does not allow them to be disclosed without the consent of the entity itself.
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de Oliveira Martins, Maria Inês. "Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy." European Journal of Health Law 20, no. 1 (2013): 63–78. http://dx.doi.org/10.1163/15718093-12341254.
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Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.
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Walrath, David. "Privacy and Information Disclosure: An Economic Analysis of the Gramm-Leach-Bliley Act." Policy Perspectives 24 (May 4, 2017): 55. http://dx.doi.org/10.4079/pp.v24i0.17602.
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The Gramm-Leach-Bliley (GLB) Act is one of many laws passed in the United States and around the world that is designed to protect private information. One of the main directives in this law requires financial institutions to provide customers with a privacy notice that explains how they share their customers’ private information with nonaffiliated third parties. This paper uses the GLB Act as a case study to analyze the arguments for and against a policy that requires firms to issue privacy notices to their customers. The arguments for this policy are based on theories and principles that are fundamental aspects of neoclassical and information economics— namely, complete information, unbounded rationality, and asymmetric information. The arguments against this policy are based on two central principles of behavioral economics—present bias and bounded rationality. This paper also presents an alternative policy and examines its shortcomings before recommending that Congress consider adopting the European Union’s policy on privacy and information disclosure.